Kerala High Court
C.A Ismail vs The District Collector on 12 September, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:68036
WP(C) NO. 36389 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 12TH DAY OF SEPTEMBER 2025 / 21ST BHADRA, 1947
WP(C) NO. 36389 OF 2023
PETITIONER:
C.A ISMAIL
AGED 51 YEARS
S/O ABOOBACKER, CHIRAYILAN HOUSE, KANDANTHARA,
ALLAPRA P.O. VENGOLA VILLAGE, KUNNATHUNADU
TALUK,ERNAKULAM DISTRICT, PIN - 683557
BY ADVS.
SRI.ANISH PAUL
SRI.K.V.SURESH KUMAR
SRI.SHIBU THOMAS (NILAMBUR)
RESPONDENTS:
1 THE DISTRICT COLLECTOR
ERNAKULAM DISTRICT, COLLECTORATE, KAKKANAD,
ERNAKULAM DISTRICT, PIN - 682030
2 THE REVENUE DIVISIONAL OFFICER
MUVATTUPUZHA, REVENUE DIVISIONAL OFFICE, MINI CIVIL
STATION, MUDAVOOR P.O, MUVATTUPUZHA, ERNAKULAM
DISTRICT, PIN - 686669
3 THE AGRICULTURAL OFFICER
KRISHI BHAVAN, VENGOLA KUNNATHUNADU TALUK, VENGOLA
P.O, ERNAKULAM DISTRICT, PIN - 683556
4 THE VILLAGE OFFICER
VENGOLA VILLAGE OFFICE, VENGOLA P.O, ERNAKULAM
DISTRICT., PIN - 683556
2025:KER:68036
WP(C) NO. 36389 OF 2023
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OTHER PRESENT:
GP.SRI.K.M.FAIZAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:68036
WP(C) NO. 36389 OF 2023
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JUDGMENT
Dated this the 12th day of September, 2025 The petitioner is the owner in possession of 103 Ares and 98 Sq.Metres of land comprised in Re-Survey Nos. 158/2-2, 158/3, 158/1-1, 158/4, 158/2-1-2, 159/6, 159/7, 158/1-2, 158/5-3, 158/7-2 and 158/8-3 in Block No.21 of Vengola Village, Kunnathunadu Taluk, covered under Exts.P1 to P1(e) land tax receipts. The properties are converted lands and are unsuitable for paddy cultivation. Nevertheless, the respondents have erroneously classified the properties as 'paddy land' and included it in the data bank maintained under the Kerala Conservation of Paddy Land and Wetland Act, 2008, and the Rules framed thereunder ('Act' and 'Rules', for brevity). To exclude the properties from the data bank, the petitioner had submitted Exts.P20 to P25 applications in Form 5, under Rule 4(4d) of the Rules. However, by Exts.P27 to 32 orders, the authorised officer has summarily rejected the 2025:KER:68036 WP(C) NO. 36389 OF 2023 4 applications without either conducting a personal inspection of the land or calling for the satellite pictures as mandated under Rule 4(4f) of the Rules.
Furthermore, the order is devoid of any independent finding regarding the nature and character of the land as it existed on 12.08.2008 - the date the Act came into force. The impugned orders, therefore, are arbitrary and unsustainable in law and liable to be quashed.
2. I have heard the learned Counsel for the petitioner and the learned Government Pleader.
3. The petitioner's principal contention is that the applied properties are not cultivable paddy field but are converted plot. Nonetheless, the properties have been incorrectly included in the data bank. Despite filing the Form 5 applications, the authorised officer has rejected the same without proper consideration or application of mind.
4. It is now well-settled by a catena of judgments of this Court - including the decisions in Muraleedharan 2025:KER:68036 WP(C) NO. 36389 OF 2023 5 Nair R v. Revenue Divisional Officer [2023 (4) KHC 524], Sudheesh U v. The Revenue Divisional Officer, Palakkad [2023 (2) KLT 386], and Joy K.K. v. The Revenue Divisional Officer/Sub Collector, Ernakulam [2021 (1) KLT 433] - that the authorised officer is obliged to assess the nature, lie and character of the land and its suitability for paddy cultivation as on 12.08.2008, which are the decisive criteria to determine whether the properties are to be excluded from the data bank.
5. A reading of Exts.P27 to P32 orders reveal that the authorised officer has failed to comply with the statutory requirements. There is no indication in the order that the authorised officer has personally inspected the properties or called for the satellite pictures as mandated under Rule 4(4f) of the Rules. Instead, the authorised officer has merely acted upon the reports of the Agricultural Officer without rendering any independent finding regarding the nature and character of the land as on the relevant date. There is also no 2025:KER:68036 WP(C) NO. 36389 OF 2023 6 finding whether the exclusion of the properties would prejudicially affect the surrounding paddy fields. In light of the above findings, I hold that the impugned orders were passed in contravention of the statutory mandate and the law laid down by this Court. Thus, the impugned orders are vitiated due to errors of law and non-
application of mind, and is liable to be quashed.
Consequently, the authorised officer is to be directed to reconsider the Form 5 applications as per the procedure prescribed under the law.
In the circumstances mentioned above, I allow the writ petition in the following manner:
(i) Exts.P27 to P32 orders are quashed.
(ii) The 2nd respondent/authorised officer is directed to reconsider the Form 5 applications, in accordance with the law, by either conducting a personal inspection of the properties or calling for the satellite pictures as provided under Rule 4(4f) of the Rules, at the cost of the petitioner.
2025:KER:68036 WP(C) NO. 36389 OF 2023 7
(iii) If satellite pictures are called for, the application shall be disposed of within three months from the date of receipt of such pictures. On the other hand, if the authorised officer opts to inspect the properties personally, the applications shall be disposed of within two months from the date of production of a copy of this judgment by the petitioner.
The writ petition is thus ordered accordingly.
SD/-
C.S.DIAS, JUDGE rmm/12/9/2025 2025:KER:68036 WP(C) NO. 36389 OF 2023 8 APPENDIX OF WP(C) 36389/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 12.05.2022 ISSUED BY THE 4TH RESPONDENT (THANDAPPER NO.7119) Exhibit P1(a) TRUE COPY OF THE LAND TAX RECEIPT DATED 12.05.2022 ISSUED BY THE 4TH RESPONDENT (THANDAPPER NO.11117) Exhibit P1(b) TRUE COPY OF THE LAND TAX RECEIPT DATED 12.05.2022 ISSUED BY THE 4TH RESPONDENT (THANDAPPER NO.6147) Exhibit P1(c) TRUE COPY OF THE LAND TAX RECEIPT DATED 12.05.2022 ISSUED BY THE 4TH RESPONDENT (THANDAPPER NO.9681) Exhibit P1(d) TRUE COPY OF THE LAND TAX RECEIPT DATED 12.05.2022 ISSUED BY THE 4TH RESPONDENT (THANDAPPER NO.15789) Exhibit P1(e) TRUE COPY OF THE LAND TAX RECEIPT DATED 12.05.2022 ISSUED BY THE 4TH RESPONDENT (THANDAPPER NO.12829) Exhibit P2 TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 13.03.2023 ISSUED TO THE PETITIONER BY THE VENGOLA GRAMA PANCHAYAT IN RESPECT OF BUILDING BEARING NO.579/A Exhibit P3 TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 13.03.2023 ISSUED TO THE PETITIONER BY THE VENGOLA GRAMA PANCHAYAT IN RESPECT OF BUILDING BEARING NO.579/B Exhibit P4 TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 13.03.2023 ISSUED TO THE PETITIONER BY THE VENGOLA GRAMA PANCHAYAT IN RESPECT OF BUILDING BEARING NO.579/C Exhibit P5 TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 13.03.2023 ISSUED TO THE PETITIONER BY THE VENGOLA GRAMA PANCHAYAT IN RESPECT OF BUILDING BEARING NO.579/D Exhibit P6 TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 13.03.2023 ISSUED TO THE PETITIONER BY THE VENGOLA GRAMA PANCHAYAT IN RESPECT OF BUILDING BEARING NO.579/E Exhibit P7 TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 13.03.2023 ISSUED TO THE PETITIONER BY THE VENGOLA GRAMA PANCHAYAT IN RESPECT 2025:KER:68036 WP(C) NO. 36389 OF 2023 9 OF BUILDING BEARING NO.579/F Exhibit P8 TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 13.03.2023 ISSUED TO THE PETITIONER BY THE VENGOLA GRAMA PANCHAYAT IN RESPECT OF BUILDING BEARING NO.579/G Exhibit P9 TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 13.03.2023 ISSUED TO THE PETITIONER BY THE VENGOLA GRAMA PANCHAYAT IN RESPECT OF BUILDING BEARING NO.579/H Exhibit P10 TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 13.03.2023 ISSUED TO THE PETITIONER BY THE VENGOLA GRAMA PANCHAYAT IN RESPECT OF BUILDING BEARING NO.579/I Exhibit P11 TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 13.03.2023 ISSUED TO THE PETITIONER BY THE VENGOLA GRAMA PANCHAYAT IN RESPECT OF BUILDING BEARING NO.579/J Exhibit P12 TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 13.03.2023 ISSUED TO THE PETITIONER BY THE VENGOLA GRAMA PANCHAYAT IN RESPECT OF BUILDING BEARING NO.579/K Exhibit P13 TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 13.03.2023 ISSUED TO THE PETITIONER BY THE VENGOLA GRAMA PANCHAYAT IN RESPECT OF BUILDING BEARING NO.579/L Exhibit P14 TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 13.03.2023 ISSUED TO THE PETITIONER BY THE VENGOLA GRAMA PANCHAYAT IN RESPECT OF BUILDING BEARING NO.579/M Exhibit P15 TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 13.03.2023 ISSUED TO THE PETITIONER BY THE VENGOLA GRAMA PANCHAYAT IN RESPECT OF BUILDING BEARING NO.579/N Exhibit P16 TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 13.03.2023 ISSUED TO THE PETITIONER BY THE VENGOLA GRAMA PANCHAYAT IN RESPECT OF BUILDING BEARING NO.579/O Exhibit P17 TRUE COPY OF THE CERTIFICATE DATED 03.05.2023 BEARING NO.SC3-3769/23 ISSUED TO THE PETITIONER BY THE VENGOLA GRAMA PANCHAYAT Exhibit P18 TRUE COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND M.J XAVIOR, VIEW POINT FOR THE PERIOD RANGING FROM 01.02.2007 TO 01.02.2008 2025:KER:68036 WP(C) NO. 36389 OF 2023 10 Exhibit P19 TRUE COPY OF THE PHOTOGRAPHS OF THE BUILDING AND THE PROPERTIES Exhibit P20 TRUE COPY OF THE APPLICATION NO.54/2022/658654 DATED 16.05.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P21 TRUE COPY OF THE APPLICATION NO.50/2022/658654 DATED 15.05.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P22 TRUE COPY OF THE APPLICATION NO.51/2022/658654 DATED 15.05.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P23 TRUE COPY OF THE APPLICATION NO.47/2022/658654 DATED 14.05.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P24 TRUE COPY OF THE APPLICATION NO.48/2022/658654 DATED 15.05.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P25 TRUE COPY OF THE APPLICATION NO.52/2022/658654 DATED 15.05.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P26 TRUE COPY OF THE SATELLITE REPORT DATED 21.01.2023 ISSUED BY KSREC REGARDING THE PETITIONER'S PROPERTIES Exhibit P27 TRUE COPY OF THE ORDER DATED 21.02.2023 ISSUED BY THE 2ND RESPONDENT REGARDING EXHIBIT-P20 FORM 5 APPLICATION Exhibit P28 TRUE COPY OF THE ORDER DATED 21.02.2023 ISSUED BY THE 2ND RESPONDENT REGARDING EXHIBIT-P21 FORM 5 APPLICATION Exhibit P29 TRUE COPY OF THE ORDER DATED 21.02.2023 ISSUED BY THE 2ND RESPONDENT REGARDING EXHIBIT-P22 FORM 5 APPLICATION Exhibit P30 TRUE COPY OF THE ORDER DATED 21.02.2023 ISSUED BY THE 2ND RESPONDENT REGARDING EXHIBIT-P23 FORM 5 APPLICATION Exhibit P31 TRUE COPY OF THE ORDER DATED 21.02.2023 ISSUED BY THE 2ND RESPONDENT REGARDING EXHIBIT-P24 FORM 5 APPLICATION Exhibit P32 TRUE COPY OF THE ORDER DATED 21.02.2023 2025:KER:68036 WP(C) NO. 36389 OF 2023 11 ISSUED BY THE 2ND RESPONDENT REGARDING EXHIBIT-P25 FORM 5 APPLICATION Exhibit P33 TRUE COPY OF THE MINUTES DATED 21.01.2023 OF THE LLMC,VENGOLA GRAMA PANCHAYAT Exhibit P34 TRUE COPY OF THE REPORT DATED 16.02.2023 OF THE AGRICULTURAL OFFICER ,VENGOLA REGARDING EXHIBIT-P20 APPLICATION Exhibit P35 TRUE COPY OF THE REPORT DATED 17.02.2023 OF THE AGRICULTURAL OFFICER ,VENGOLA REGARDING EXHIBIT-P21 APPLICATION Exhibit P36 TRUE COPY OF THE REPORT DATED 17.02.2023 OF THE AGRICULTURAL OFFICER ,VENGOLA REGARDING EXHIBIT-P22 APPLICATION Exhibit P37 TRUE COPY OF THE REPORT DATED 17.02.2023 OF THE AGRICULTURAL OFFICER,VENGOLA REGARDING EXHIBIT-P23 APPLICATION Exhibit P38 TRUE COPY OF THE REPORT DATED 17.02.2023 OF THE AGRICULTURAL OFFICER, VENGOLA REGARDING EXHIBIT-P24 APPLICATION Exhibit P39 TRUE COPY OF THE REPORT DATED 17.02.2023 OF THE AGRICULTURAL OFFICER, VENGOLA REGARDING EXHIBIT-P25 APPLICATION Exhibit P40 TRUE COPY OF THE KSREC SATELLITE REPORT DATED 21.01.2023 REGARDING PROPERTIES IN RE-SURVEY NOS.117/12,117/13 Exhibit P41 TRUE COPY OF PHOTOGRAPHS OF THE PETITIONER'S PROPERTY IN RE-SURVEY NOS.159/6 AND 159/7